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The Latin maxim *Qui facit per alium facit per se* is invoked to explain which species of tortious liability?
Answer & Solution
Correct answer: D.
1. ***Qui facit per alium facit per se*** literally means **'he who acts through another is acting himself'** — so that the act of the agent is the act of the principal.
2. The maxim is the foundation of **vicarious liability**. When an agent commits a tort in the ordinary course of his duties, the **principal is liable** for the same.
3. *Lloyd v. Grace, Smith & Co.* (1912) — the managing clerk of a firm of solicitors, while acting in the ordinary course of business, committed fraud against a client; the principal was held liable for the fraud committed in the course of employment.
4. The companion maxim is *Respondeat Superior* — 'Let the principal be liable'. Both underwrite the master-servant rule of vicarious liability.
_Source: ICSI CS Executive — Lesson 6, '(a) Principal and Agent', p. 141._
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